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The police have concluded their investigation into suspected tax fraud by the highly publicised businessman Ladislav Bašternák, recommending that a special prosecutor press charges, the TASR newswire wrote on February 16.

“The investigator has presented a proposal to the supervising prosecutor of the Special Prosecutor’s Office to press charges,” General Prosecutor’s Office spokesperson Andrea Predajňová told the tvnoviny.sk website. The prosecutor will decide on further moves after examining the investigation file.

“A Police Corps investigator closed the investigation of this criminal matter at the beginning of this week and the file has been sent to the supervising prosecutor for further proceedings,” Police Corps spokesman Martin Wäldl said, as quoted by the Aktuality.sk website.

The Businessman and active repentance

Bašternák, who is one of the statutory representatives of Real Forum Invest, the company which constructed the Bonaparte residential building in which Prime Minister Robert Fico (Smer-SD) lives, paid almost €2 million to the tax office a few days ago in an attempt to invoke the so-called “active repentance” clause, i.e. an additional payment of tax with the aim of securing impunity.

The special prosecutor will now decide whether the businessman has the right to use this legal tool, TASR wrote. In a similar case last year, the Constitutional Court ruled that it is not possible to apply active repentance when excessive VAT allowances are concerned.